A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 23, 2006, the Defendant was sentenced to a suspended sentence of two months for a crime of violation of the Road Traffic Act at the Busan District Court. On March 10, 2015, the Defendant was issued a summary order of a fine of four million won for the same crime in the same court.

【Criminal Facts】

The defendant is a person who drives a NAS car.

On August 21, 2020, the Defendant driven a BNS car in the state of alcohol alcohol concentration of about 0.178% in the section of about 3 km from around 21:38, Busan Northern-gu to the front of the same Gu DM.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Investigation report on the accused's legal statement (report on the circumstances of the driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, including the previous previous convictions, committed the instant crime again, despite the fact that the Defendant had been punished four times due to drinking driving, and caused an accident that causes the shock of automobiles parked due to drinking driving and urbial, and at the time of the Defendant’s blood alcohol concentration is considerably high.

On the other hand, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected it, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances revealed in pleading, etc. shall be determined as ordered by the text.